Ivey v. Byrd

LAWSON, Justice.

This is a will contest involving the will of Lucy L. Martin, deceased. Margaret S. Byrd, a niece of testatrix, named in the will as executrix and as principal beneficiary, filed a petition in the Probate Court of Geneva County for probate of the will. Ellen Lawrence Ivey, a sister of testatrix, who is also a legatee under the will, filed a contest in the Probate Court with a demand for transfer of the contest to the Circuit Court of Geneva County for trial before a jury, pursuant to § 63, Title 61, Code 1940. The transfer was made and the cause proceeded to trial before a jury…